Technology & Marketing Law Blog

OCTOBER 9, 2024

Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. The message from the Second Circuit is plain: stop bringing competitive keyword advertising cases. This ruling doesn’t address the scenario where the advertiser’s ad copy references the trademark.

Advertising 98

Advertising Advertising Trademark False Advertising 98

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

SpicyIP

SEPTEMBER 28, 2023

Image from here Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising Nivrati Gupta “New technologies give us new opportunities, but they all raise the question: How do old, familiar laws apply?” Views expressed here are those of the author’s alone.

Advertising 110

Advertising Advertising Trademark Marketing 110

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. You’ve Been Referred Here Because You’re Wrong About The First Amendment.” The prior part explained the most recent ruling, a devastating but not unexpected loss for hiQ. Don’t worry! You’re not alone.

Blogging 131

Blogging Law Contracts Cease and Desist 131

TorrentFreak

NOVEMBER 8, 2024

The IWL is a component of Operation Creative, a multi-agency initiative led by PIPCU at City of London Police, with support from partners across the creative and advertising industries. Without reference to domain extensions, the numbering system indicates that soccer365 was the 16th domain to be added to the IWL back in February 2014.

Advertising 103

Advertising Advertising Intellectual Property Social Media 103

IP and Legal Filings

JULY 28, 2022

References: [1] The Real Estate (Regulation and Development) Act, 2016 Act no. References: [1] The Real Estate (Regulation and Development) Act, 2016 Act no. The post Real Estate (Regulation and Development) Act 2016 with reference to Maharashtra first appeared on IPLF. 16 of 2016. [2] 16 of 2016. [2]

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Registration Government Reporting Marketing 98

TorrentFreak

DECEMBER 15, 2024

. “They blocked access from Japanese IP addresses and took measures (geo-blocking) to prevent infringement from being discovered by Japanese rights holders, and released Japanese anime to Brazilian viewers with subtitles in Portuguese, the local language, and earned advertising revenue from each site,” CODA explains.

Cease and Desist 103

Cease and Desist Reporting Advertising Advertising 103

TorrentFreak

NOVEMBER 5, 2024

Advertised as a “top notch” service, in which Moy had invested considerable sums of money obtaining servers and streams, subscriptions were sold both in bulk to a network of resellers or on a singular basis direct to consumers. .” ” Claims for Relief Under the DMCA Count I alleges violations of the DMCA, 17 U.S.C.

Law 117

Law Cease and Desist Social Media Business 117

SpicyIP

JANUARY 11, 2023

In an extremely detailed order ( pdf ) concerning the issue of comparative advertising and disparagement, the Delhi High Court held that “ an advertiser ought to have the freedom to make advertisements with generic comparison highlighting the features of its own product.” Ananya is a 4th year student pursuing B.A

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Advertising Advertising Television Marketing 98

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. In 2014, the defendant launched a website called “The Texas Tamales Warehouse” but was driven off of that. ” That prompted this litigation. ” UGH.

Trademark 129

Trademark Advertising Advertising False Advertising 129

TorrentFreak

MARCH 29, 2023

Content ID uses algorithms to generate digital ‘fingerprints’ of content uploaded to the platform which can then be compared against reference files (original content) provided by rightsholders. In common with Content ID, Rights Manager relies on reference files uploaded to the platform by rightsholders.

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Social Media Advertising Advertising Copyright 145

Technology & Marketing Law Blog

MAY 22, 2023

This case involves two rival personal injury law firms in Arizona, one of which engaged in competitive keyword advertising against the other. Each log entry includes the date of the call and the caller’s name, as well as a column labeled “[w]hat they said referred by.” The court dismisses the lawsuit on summary judgment. LoanStreet v.

Advertising 111

Advertising Advertising False Advertising Trademark 111

Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims.

Copyright 114

Copyright Advertising Advertising Trademark 114

IP and Legal Filings

DECEMBER 16, 2024

The term “trade dress” refers to the overall look of a product or its packaging that gives the customer an idea of its origin. Non-verbal elements such as shapes, colours, patterns, and even the layout of the store are protected under trade dress, whereas standard trademarks normally refer to words or logos [3].

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Branding Brands Branding Design 98

TorrentFreak

JULY 10, 2024

The game also popularized the IO extension for games, a reference to the input/output computing term, not the Indian Ocean territory from where it originally derived its initials. Similar to other games of its type, it’s free to play, with the occasional advertisement. on 4chan, which soon became a smash hit.

Advertising 120

Advertising Advertising Copyright Publishing 120

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. Trademark Infringement The advertiser compares two perfumes showing them side to side in the ad video and claims to create a version of the luxury perfume.

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Trademark Advertising Advertising Branding 111

IP and Legal Filings

NOVEMBER 22, 2023

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

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Fair Use Advertising Advertising Branding 98

Intellectual Property Law Blog

JANUARY 18, 2024

2022-1194, 2022-1208, and 2022-1246 (December 7, 2023) , the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents. Lupin Ltd.,

Advertising 147

Advertising Advertising Marketing Marketing 147

SpicyIP

AUGUST 2, 2024

These various brands have posted laudatory posts congratulating her for this achievement, while at the same time utilizing her image and Olympic win for their own commercial own use by using it in the form of an advertisement. Now the pertinent question becomes whether the advertisements in question are prohibited under the law.

Branding 105

Branding Brands Branding Personality Rights 105

TorrentFreak

JULY 20, 2022

The MPA’s investigators have also been monitoring the /r/primewireli sub-Reddit where posts advertising HydraWire as the PrimeWire alternative were left up and those referring to competing services were taken down. ” Efforts thus far haven’t been futile, however.

Advertising 145

Advertising Advertising Business Copying 145

TorrentFreak

DECEMBER 7, 2021

This service is the most advanced and works with reference files that rightsholders can upload. An inaccurate or abusive reference file can result in thousands of automated claims. Regular mistakes happen as well, and that’s why YouTube has a team that reviews the accuracy of reference files. Claim Options.

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Reporting Public Domain Copyright Advertising 145

JD Supra Law

MARCH 14, 2022

Trademark infringement lawsuits are among the risks faced by businesses running comparative advertisements referring to a competitor’s products. When facing such a suit, policyholders should be sure to look to their commercial general liability (CGL) policies as potentially valuable sources of insurance coverage.

Trademark 98

Trademark Advertising Advertising Business 98

JD Supra Law

FEBRUARY 28, 2023

Foreword - In legal sense, "architectural works" refer to works with aesthetic significance expressed in the form of buildings or structures, which are protected by Copyright Law. However, landmark buildings have public attributes in addition to the legal attributes of copyright. By: Linda Liu & Partners

Copyright 98

Copyright Copyright Law Advertising Advertising 98

Olartemoure Blog

FEBRUARY 10, 2024

the Super Bowl moves billions of dollars, mainly through advertising. Even small businesses that have used “Super Bowl” to advertise watch-parties, have received cease and desist letters from NFL lawyers. Arguably the most important sports event in the U.S.A., THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”.

Cease and Desist 105

Cease and Desist Trademark Advertising Advertising 105

TorrentFreak

SEPTEMBER 30, 2021

In a copyright infringement context, volitional conduct refers to a causal link. Thothub Operators and Advertisers. The advertising company MultiMedia, also known as Chaturbate, is also listed as a defendant. The RICO claims against the advertiser are dismissed with prejudice, but unfair competition claims remain intact.

Copyright Infringement 144

Copyright Infringement Advertising Advertising Copyright 144

43(B)log

OCTOBER 9, 2023

million consent judgment, which defendants touted in a press release and advertised on Zinus’s website even after the court vacated the stipulated judgment. Courts have generally harmonized the Lanham Act with the Patent Act by requiring bad faith before claims about patent infringement can constitute false advertising.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

Erik K Pelton

JULY 31, 2020

It could sometimes include a business card if it references the service. Say you’re a realtor or an attorney and the business card makes some reference to the actual nature of the work, as well as the trademark of the brand name that would generally be acceptable. It could include a brochure.

Trademark 130

Trademark Advertising Advertising Editing 130

TorrentFreak

AUGUST 12, 2021

The past tense refers to the fact that ‘someone’ didn’t renew these domains last year. After it was bought at auction it was parked at Sedo and monetized through an advertising feed. That would bring in more revenue than a standard advertising feed. ThePirateBay.com followed a different path.

Advertising 145

Advertising Advertising Business Copyright 145

Technology & Marketing Law Blog

JUNE 29, 2022

This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. Keyword Ads. Proximity of goods. ” Bad faith. Customer sophistication.

Trademark 111

Trademark Advertising Advertising Blogging 111

TorrentFreak

MAY 24, 2024

As publicly advertised, pirate site domains are nominated for placement on the IWL by rightsholder groups such as the MPA, BPI, IFPI, and the Publishers Association. Once police have carried out their own investigations, any domain subsequently added to the IWL finds itself blacklisted by most of the advertising industry.

Advertising 117

Advertising Advertising Publishing Music 117

TorrentFreak

OCTOBER 25, 2021

Through YouTube, the music industry generated billions of dollars in advertising revenue. YouTube References Disappear Too. Also, FDM hasn’t just removed the YouTube downloading functionality, it has also stripped the official site of YouTube references. This includes the 2007 blog post titled “FDM 2.3

Cease and Desist 145

Cease and Desist Music Blogging Advertising 145

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. First, only 94 of those references were “actual leads processed by Quintessa from its competitive bidding campaign (the campaign that bids on the Adler Marks).” Case citation : Jim S.

Advertising 98

Advertising Advertising False Advertising Trademark 98

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. ” But the advertiser was engaging in comparative advertising, which I think also strongly serves the public interest.

Advertising 98

Advertising Advertising False Advertising Trademark 98

The IPKat

OCTOBER 8, 2024

Sumi Agro ( UPC_CFI_201/2024 ) that distributing an infringing product outside the Contracting Member States (CMS) and advertising a product under the same name within the CMS can create a risk of patent infringement. According to the Court, Sumi Agro should have offered a cease-and-desist declaration in such circumstances.

Advertising 64

Advertising Advertising Patent Infringement Cease and Desist 64

TorrentFreak

OCTOBER 14, 2021

It refers to tools and services that make it easy for prospective pirates to set up and operate a piracy operation. Registries, Advertisers, and Hosting Providers. Finally, the MPA also highlights the problematic role advertisers, advertising agencies, and hosting companies can play. Ad Networks and Online Advertisers.

Advertising 145

Advertising Advertising Marketing Marketing 145

43(B)log

JULY 24, 2023

But the FDA, independent reviews at scientific journals, and even some of Amgen’s own employees criticized the advertising claims as unsupported and misleading. According to Defendant’s internal memoranda, the advertising campaign was designed to “optimally position Onpro in [the] face of biosimilar competition.” Sandoz Inc.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

43(B)log

FEBRUARY 28, 2025

Its services cover multifamily, single-family, office, retail, and receiver/keeper properties; it uses different logos to refer to Rampart Multifamily Management and Rampart Commercial Management. Advertising media: Both parties stated that word of mouth advertising is perhaps their strongest form of advertising.

Advertising 52

Advertising Advertising Trademark Registration 52